quiz questions Flashcards
the actual law in annotated CC is recognizable because____
it is bolded
in order for a defence to be put to a jury it must have __ to it
- air of reality/ evidence
the two types of mens rea are
- general intent
- specific intent
In R. v. Brooks the accused that he should not be responsible for the injuries of JM because he could not reasonably have foreseen this kind of injury would have happened when he grabbed JM from his motor home. (t/f)
true
When you are charged with a criminal offence you cannot be charged under any other statute. (t/f)
false
The legislation in the Criminal Code sets out all the possible defences that can be argued in a criminal case (t/f)
false
In considering Possession under s.4(3) of the Criminal Code the case of R. v. Phan reasons that to constitute constructive possession P must merely have knowledge of the thing in possession. (t/f)
false
Common law defences and offences are still valid under the Code.
(t/f)
false
A person cannot raise as a defence that they did not understand the law under any circumstances.
(t/f)
true
Each section in the Code creates one offence.
(t/f)
false
in R v Briscoe, the accused was acquitted at trial because he did not commit the actus reus of the offence (t/f)
false
in a criminal trial, the crown must establish every element of the offence beyond a reasonable doubt (t/f)
true
every case in the caselaw listed under a section helps to understand how the common law has interpreted that section (t/f)
true